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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. Hardwicke, London
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2019 AND CIVIL PROCEDURE - THE YEAR IN REVIEW (1): BUNDLES

2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (1): BUNDLES

December 2, 2019 · by gexall · in Bundles, Civil evidence, Civil Procedure

I am sorry to be starting the annual review of procedure so early, but December is a busy month and there is a lot to fit in.  I’ll start with the subject that has constantly drawn the most readers to…

CIVIL PROCEDURE BACK TO BASICS 69 : SOCIAL MEDIA AND THE LITIGATOR: A RECAP

November 11, 2019 · by gexall · in Bundles, Civil evidence, Civil Procedure, Conduct, Fundamental Dishonesty, Witness statements

The earlier post on the judgment last  Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 was another case in which social media played a part.  The defendant holiday company found social media entries which appeared inconsistent…

PROVING THINGS 167: BUNDLES, EXPERTS, ABSENT WITNESS, UNPLEADED DEFENCES AND... SEWAGE: ALL MODERN LITIGATION IS HERE...

PROVING THINGS 167: BUNDLES, EXPERTS, ABSENT WITNESS, UNPLEADED DEFENCES AND… SEWAGE: ALL MODERN LITIGATION IS HERE…

October 31, 2019 · by gexall · in Bundles, Case Management, Expert evidence, Experts, Witness statements

 The judgment of HHJ Russen (QC) (sitting as a High Court Judge) in Kivells Ltd v Torridge District Council [2019] EWHC 2846 (TCC), contains a number of interesting scenarios in relation  to civil evidence.  Many  of the common problems of…

THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

October 17, 2019 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Experts, Limitation, QOCS, Relief from sanctions, Serving documents, Statements of Case, Statements of Truth, Witness statements

  The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements.  The titles are often prompted by elements…

OPENING LINES OF JUDGMENTS:  A DELUGE OF DOCUMENTARY EVIDENCE AND FRUSTRATED CASE MANAGEMENT MECHANISMS

OPENING LINES OF JUDGMENTS: A DELUGE OF DOCUMENTARY EVIDENCE AND FRUSTRATED CASE MANAGEMENT MECHANISMS

October 1, 2019 · by gexall · in Bundles, Case Management

This year has been fairly sparse in relation to notable opening lines to judgments. It is indeed difficult to match up to Martinez (t/a Prick) & Anor v Prick Me Baby One More Time Ltd (t/a Prick) & Anor [2018] EWHC…

WHAT A DAY FOR BUNDLES - SUPREME COURT SHENANIGANS DOESN'T LEAD TO PANNICK: A RECAP OF AVAILABLE GUIDANCE

WHAT A DAY FOR BUNDLES – SUPREME COURT SHENANIGANS DOESN’T LEAD TO PANNICK: A RECAP OF AVAILABLE GUIDANCE

September 18, 2019 · by gexall · in Appeals, Bundles, Civil evidence

Yesterday the Supreme Court was hearing two appeals in relation to the the prorogation of Parliament.  The line up of legal talent is immense.  However every single litigation lawyer watching could identify with the problems that the court was having…

STARTING PUPILLAGE OR A TRAINING CONTRACT – WHAT DO YOU PUT IN YOUR BAG? ADVICE FROM THE LAWYERS OF TWITTER

September 8, 2019 · by gexall · in Bundles, Case Management, Experts

Many people are starting their pupillages and training contracts tomorrow. When pupil-to-be Chloe Branton asked for some advice as to what to take in her bag to court the legal twiterrati were, as ever, generous in their advice. THE QUESTION…

BUNDLES AGAIN: DOUBLE SIDED BUNDLES - A MUST AT TRIAL - A NO, NO IN THE COURT OF APPEAL (DOES NOBODY THINK OF THE TREES...)

BUNDLES AGAIN: DOUBLE SIDED BUNDLES – A MUST AT TRIAL – A NO, NO IN THE COURT OF APPEAL (DOES NOBODY THINK OF THE TREES…)

July 25, 2019 · by gexall · in Appeals, Bundles

  There was much excitement about the rules changes so that bundles for applications and trials should be double-sided.  However nothing is consistent in legal procedure. I am grateful to barrister Matt Jackson for sending me a (highly redacted) copy…

ANOTHER POST ON THE AUTHORITIES BUNDLE: THE SUPREME COURT SAY THEY SHOULD BE IN ALPHABETICAL ORDER: GUIDANCE FROM THE NICE LAWYERS OF TWITTER

July 23, 2019 · by gexall · in Appeals, Bundles

Earlier today I reported on a comment from the Court of Appeal that it did not help for authorities to be placed in alphabetical order.  I commented on the absence of clear guidance.  Here we look at the views from…

A SECOND POST ABOUT BUNDLES OF AUTHORITIES: SORTING OF AUTHORITIES BY ALPHABETICAL ORDER NOT HELPFUL: COMMENTS FROM THE COURT OF APPEAL TODAY

A SECOND POST ABOUT BUNDLES OF AUTHORITIES: SORTING OF AUTHORITIES BY ALPHABETICAL ORDER NOT HELPFUL: COMMENTS FROM THE COURT OF APPEAL TODAY

July 23, 2019 · by gexall · in Appeals, Bundles

The Court of Appeal adjourned the hearing today in Swift -v- Carpenter.  Looking at the footage at 1.04 you can see a comment by the court in relation to the bundle of authorities.   THE BUNDLE WAS IN ALPHABETICAL ORDER…

PREPARE A NON-COMPLIANT BUNDLE OF AUTHORITIES: THE RISKS OF COSTS BEING DISALLOWED: COURT OF APPEAL SOUNDS A WARNING

PREPARE A NON-COMPLIANT BUNDLE OF AUTHORITIES: THE RISKS OF COSTS BEING DISALLOWED: COURT OF APPEAL SOUNDS A WARNING

July 16, 2019 · by gexall · in Appeals, Bundles, Case Management

In  the judgment today in Parr v Keystone Healthcare Ltd & Ors [2019] EWCA Civ 1246 Lord Justice Lewison expressed concerns about the failure to follow the Practice Direction on the citation of authorities.   THE CASE The Court of…

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

July 3, 2019 · by gexall · in Admissions, Applications, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Costs budgeting, Credibility of experts, Experts, Fatal Accidents, Risks of litigation, Statements of Case, Statements of Truth, Witness statements

The “back to basics” series has been going since April 2018.  It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”.   Some people have expressed surprise and how “basic” some points are…

BUNDLES: CIVIL CASES IN THE FAMILY DIVISION: COMPLY WITH THE RULES

BUNDLES: CIVIL CASES IN THE FAMILY DIVISION: COMPLY WITH THE RULES

June 26, 2019 · by gexall · in Bundles, Case Management

In Re XY [2019] EWHC 1610 (Fam) Mr Justice Williams made it clear that all cases heard in the Family Division are subject to the Division rules relating to bundles. “For applications such as those under the Inheritance (Provision for…

LITIGATION THAT WAS "TOTALLY OUT OF PROPORTION": THE CLAIMANT SHOULD HAVE CUT THEIR CASE TO SUIT THEIR CLOTH: (SOMETHING ABOUT BUNDLES TOO)

LITIGATION THAT WAS “TOTALLY OUT OF PROPORTION”: THE CLAIMANT SHOULD HAVE CUT THEIR CASE TO SUIT THEIR CLOTH: (SOMETHING ABOUT BUNDLES TOO)

June 19, 2019 · by gexall · in Assessment of Costs, Bundles, Case Management

In White Winston Select Asset Funds LLC & Anor v Mahon & Anor [2019] EWHC 1381 (Ch) HHJ Simon Barker QC had some telling words about the manner in which the claimant had conducted litigation.  What is remarkable about this…

ATTEMPTING TO OBTAIN EXTENSIONS OF TIME BY INFORMAL EMAIL : THE COURT TAKES A "SINGULARLY DIM VIEW" OF ATTEMPTS BY PARTIES TO CIRCUMVENT THE RULES (OH, AND BUNDLES AGAIN)

ATTEMPTING TO OBTAIN EXTENSIONS OF TIME BY INFORMAL EMAIL : THE COURT TAKES A “SINGULARLY DIM VIEW” OF ATTEMPTS BY PARTIES TO CIRCUMVENT THE RULES (OH, AND BUNDLES AGAIN)

June 10, 2019 · by gexall · in Abuse of Process, Access to justice, Appeals, Applications, Bundles, Case Management, Conduct, Extensions of time

In Saint Benedict Land Trust Ltd v London Borough of Camden & Anor [2019] EWHC 1433 (Ch) (17 May 2019) Mr Justice Marcus Smith took a very dim view indeed of an attempt by a litigant to obtain an extension…

PROVING THINGS 153: "YOU DO NOT WIN A CASE ON INCONSISTENCIES": WHEN THE APPLICANTS "PURSUED A CONFUSED AND POORLY EVIDENCED CASE FOR LITTLE PURPOSE"

PROVING THINGS 153: “YOU DO NOT WIN A CASE ON INCONSISTENCIES”: WHEN THE APPLICANTS “PURSUED A CONFUSED AND POORLY EVIDENCED CASE FOR LITTLE PURPOSE”

May 29, 2019 · by gexall · in Advocacy, Applications, Bundles, Case Management, Disclosure, Witness statements

Most cases are lost not on issues of law but on issues of evidence.  In  Stewart & Ors v Watkin [2019] EWHC 1311 (Ch) ICC Judge Barber was particularly scathing of the quality of the  applicants’ evidence.  The judgment contains…

ANOTHER TRIAL BUNDLE CASE: ACTION STRUCK OUT FOR FAILURE TO PREPARE TRIAL BUNDLE: APPEAL AGAINST STRIKING OUT DISMISSED

ANOTHER TRIAL BUNDLE CASE: ACTION STRUCK OUT FOR FAILURE TO PREPARE TRIAL BUNDLE: APPEAL AGAINST STRIKING OUT DISMISSED

May 24, 2019 · by gexall · in Appeals, Applications, Bundles, Civil Procedure, Relief from sanctions

In Al-Balhaa v Raphael & Ors [2019] EWHC 1323 (QB) Mr Justice Nicol upheld a finding that the action was struck out because of the claimant’s failure to prepare a trial bundle and relief from sanctions should not be granted. …

ADVICE FROM ACROSS THE PROFESSION AND AROUND THE WORLD: "CROWD SOURCED" GUIDANCE: THANKS FOR ALL THE TWEETS

ADVICE FROM ACROSS THE PROFESSION AND AROUND THE WORLD: “CROWD SOURCED” GUIDANCE: THANKS FOR ALL THE TWEETS

May 23, 2019 · by gexall · in Applications, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Useful links

There have been a number of occasions when I have put contributions from people on Twitter on this blog.  This is usually in response to specific questions and issues raised. People have been generous in their time and Advice.  I…

WHAT DO LAWYERS DREAM ABOUT? ODD SHOES, PINK HAIR AND BEING LATE FOR COURT

WHAT DO LAWYERS DREAM ABOUT? ODD SHOES, PINK HAIR AND BEING LATE FOR COURT

April 22, 2019 · by gexall · in Bundles, Case Management, Well being

This post started out of a perfectly amicable tweet from law lecturer extraordinaire Snigdha Nag, wishing everyone taking  exams good luck. That led some practitioners to reply that they were still having nightmares about law exams.  That then led to…

MISTAKES ON A TRAIN: THE DANGERS OF LAWYERS WORKING ON THE MOVE

MISTAKES ON A TRAIN: THE DANGERS OF LAWYERS WORKING ON THE MOVE

April 9, 2019 · by gexall · in Bundles, Case Management

This post is caused by a Twitter thread this evening.  I was travelling on a train and a solicitor sat beside me (who I did not know). I knew she was a solicitor because she took out a laptop and…

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